RESO 1980-10 - Land Acquisition• •
RESOLUTION NO. 80 -10
DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY
FOR MUNICIPAL PURPOSES AND AUTHORIZING ACQUISITION BY
CONDEMNATION AND EMINENT DOMAIN
WHEREAS, the City of Huntsville has the authority to
acquire property within or without its corporate limits
for any municipal purpose, and,
WHEREAS, the City Council in executive session on
February 12, 1980 has determined that it is necessary for
the interest, welfare, health, comfort, and convenience of
the City and its inhabitants that a sanitary sewer line be
established at the location hereinafter referred to, and
WHEREAS, the officials of the City of Huntsville, Texas
have been unsuccessful in their efforts to acquire a right
of way for that purpose across such lands by private pur-
chase and negotiation, and
WHEREAS, the Charter of the City of Huntsville in
Section 3.01 confers on the City and its Council the right
to acquire property for any municipal purpose by condemna-
tion, pursuant to the powers granted by the Home Rule
Amendment of the Constitution of the State of Texas and
Articles 1175, 1176, 1177, 1178, 1179 and 1180, Revised
Civil Statutes of Texas, enacted pursuant to Article XI,
Section 5 of the Constitution of the State of Texas, all of
which have been accepted and implemented by the City of
Huntsville; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Huntsville, Texas that there be acquired by
condemnation a sanitary sewer easement and right of way
over and upon and across the lands and at the location
described on Exhibit A to this Resolution, and by refer-
ence made a part hereof;
BE IT FURTHER RESOLVED that the proper officials,
employees and representatives of the City of Huntsville,
including the City Manager, and City Attorney, be, and they
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are hereby, authorized to institute and pursue such con-
demnation proceedings as may be necessary to carry into
effect this resolution, and that all acts done by them
are hereby ratified.
APPROVED AND ADOPTED this the day of March, A.D.,
1980.
THE CITY OF HUNTSVILLE, TEXAS
Morris I. Waller, Mayor
ATTEST:
Ruth DeShaw, ity Secretary
F. H. Pannill, Sr.
City Attorney
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EXHIBIT A
Being out oC the E. Davids Survey, A-I57/ and also
being a sewer easement seven and one-half (7.5) feet
either side of a center line described as follows:
Beginning at a point, said point being S. 57v 31/ 04"
E. 226.68 feet from a highway ROW monument in the
South line o[ Interstate 45. Said monument being S.
61» 34' 00" E. 28.97 feet [com the Northwest corner
of a 12,40 acre tract described in a'deed from Will
Branch to Joe Bob Nelson .and recorded in Volume 231,
Page 126, Walker County Deed Records.
Thence S. 15« 47' 10" W. 288.00 feet to an angle point.
Thence S 34v 14/ 05".W. 335.37 feet to an angle point.
Thence S. 10^ 45' 55" C. to the intersection of the
South line o[ said 12,40 acre tract 403,6I feet to
the Point of Termination, same being N. 89° 14/ 00" E.
307.36 feet from the Southwest corner of the tract of
land as conveyed by Will Branch to Joe Nelson as
recorded in Vol. 221, Page 126, Walker County Deed •
Records, a rebar for cocoec.
Said tracts are also shown on the plat thereof
attached hereto Marked Exhibit "A" and by reference
made a part hecno[.